[Federal Register Volume 67, Number 249 (Friday, December 27, 2002)]
[Rules and Regulations]
[Pages 78989-78990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32630]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration

45 CFR Part 4


Service of Process: Amendment for Materials Related to Petitions 
Under the National Vaccine Injury Compensation Program

AGENCY: Health Resources and Services Administration, HHS.

ACTION: Final rule.

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SUMMARY: Current regulations regarding service of legal process provide 
that all service of process relating to petitions for compensation 
under the National Vaccine Injury Compensation Program (VICP) are to be 
sent to the Director, Bureau of Health Professions (BHPr), Health 
Resources and Services Administration (HRSA). Because the Acting 
Administrator, HRSA has recently reestablished the Division of Vaccine 
Injury Compensation (DVIC) within the Office of Special Programs (OSP), 
this final rule amends the regulations regarding service of process to 
provide that all petitions for compensation under the VICP are to be 
sent to the Director, Division of Vaccine Injury Compensation, Office 
of Special Programs, Health Resources and Services Administration. This 
amendment is purely technical.

DATES: This regulation is effective on January 27, 2003.

FOR FURTHER INFORMATION CONTACT: Thomas E. Balbier, Jr., Director, 
DVIC, OSP, HRSA, 4350 East West Highway, 10th Floor, Bethesda, Maryland 
20814; telephone number: (301) 443-6593. For information about how to 
file petitions for compensation, contact the Clerk, United States Court 
of Federal Claims, 717 Madison Place, N.W., Washington, D.C. 20005, 
telephone number: (202) 219-9657.

SUPPLEMENTARY INFORMATION: 45 CFR 4.6 provides that service of the 
Secretary's copies of petitions for compensation under the VICP and of 
related filings are to be served upon the Director, BHPr, which until 
October 15, 2001, included DVIC. DVIC administers all of the statutory 
authorities of the Secretary related to the operation of the VICP. On 
October 15, 2001, the Acting Administrator, HRSA, published in the 
Federal Register a ``Statement of Organization, Functions, and 
Delegations of Authority (66 FR 52421),'' which set forth 
organizational changes within BHPr and other organizations within HRSA. 
Included among those changes was the reorganization of DVIC from BHPr 
into OSP, HRSA.
    Because DVIC has been reorganized from BHPr to OSP within HRSA, the 
Secretary is amending the regulations governing service of process of 
materials relating to petitions under the VICP to reflect the 
appropriate addressee for proper service of such materials.

Justification for Omitting Notice of Proposed Rulemaking

    This amendment to 45 CFR 4.6 is a technical amendment to reflect a 
reorganization of HRSA. Since this is a

[[Page 78990]]

technical amendment, related solely to internal Departmental 
management, the Secretary has determined, under 5 U.S.C. 553 and 
departmental policy, that it is unnecessary to follow proposed 
rulemaking procedures.

Economic and Regulatory Impact

    Executive Order 12866 directs agencies to assess all costs and 
benefits of available regulatory alternatives and, when rulemaking is 
necessary, to select regulatory approaches that provide the greatest 
net benefits (including potential economic, environmental, public 
health, safety distributive and equity effects). In addition, under the 
Regulatory Flexibility Act (RFA), if a rule has a significant economic 
effect on a substantial number of small entities the Secretary must 
specifically consider the economic effect of a rule on small entities 
and analyze regulatory options that could lessen the impact of the 
rule.
    Executive Order 12866 requires that all regulations reflect 
consideration of alternatives, of costs, of benefits, of incentives, of 
equity, and of available information. Regulations must meet certain 
standards, such as avoiding an unnecessary burden. Regulations which 
are ``significant'' because of cost, adverse effects on the economy, 
inconsistency with other agency actions, effects on the budget, or 
novel legal or policy issues, require special analysis.
    The Secretary has determined that no resources are required to 
implement the requirements in this rule. Therefore, in accordance with 
the RFA of 1980, and the Small Business Regulatory Enforcement Fairness 
Act of 1996, which amended the RFA, the Secretary certifies that this 
rule will not have a significant impact on a substantial number of 
small entities. The Secretary has also determined that this final rule 
does not meet the criteria for a major rule as defined by Executive 
Order 12866 and would have no major effect on the economy or Federal 
expenditures.
    The Secretary has further determined that the rule is not a ``major 
rule'' within the meaning of the statute providing for Congressional 
review of agency rulemaking, 5 U.S.C. 801. Major rules are those that 
impose a cost on the economy of $100 million or more a year or have 
certain other economic impacts. Similarly, it will not have effects on 
State, local, and tribal governments and on the private sector such as 
to require consultation under the Unfunded Mandates Reform Act of 1995.

Paperwork Reduction Act of 1995

    This regulation is not subject to the Paperwork Reduction Act 
because it deals solely with internal management of the Department of 
Health and Human Services.

List of Subjects in 45 CFR Part 4

    Courts, vaccine injury petitions.

    Dated: November 29, 2002.
Elizabeth M. Duke,
Administrator, Health Resources and Services Administration.
    Approved: December 16, 2002.
Tommy G. Thompson,
Secretary.
    Accordingly, 45 CFR part 4 is amended as set forth below:

PART 4--SERVICE OF PROCESS

    1. The authority citation for 45 CFR part 4 continues to read as 
follows:

    Authority: 5 U.S.C. 301, 42 U.S.C. 300aa-11.

    2. Section 4.6 is revised to read as follows:


Sec.  4.6  Materials related to petitions under the National Vaccine 
Injury Compensation Program.

    Notwithstanding the provisions of Sec. Sec.  4.1, 4.2, and 4.3, 
service of the Secretary's copies of petitions for compensation under 
the VICP and of related filings, by mail, shall be served upon the 
Director, Division of Vaccine Injury Compensation, Office of Special 
Programs, Health Resources and Services Administration 5600 Fishers 
Lane, Parklawn Building, Room 16C-17, Rockville, Maryland 20857, or in 
person, shall be served upon the Director, Division of Vaccine Injury 
Compensation, Office of Special Programs, Health Resources and Services 
Administration, 4350 East West Highway, 10th Floor, Bethesda, Maryland 
20814.

[FR Doc. 02-32630 Filed 12-26-02; 8:45 am]
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